Commercial Lending

Today’s tougher lending standards can make the commercial lending process especially difficult to navigate. Commercial lenders and borrowers alike require sound legal counsel that incorporates the creativity and ingenuity necessary to accomplish their respective financing and business goals. Whether you are a lender or a borrower, Holland & Knight’s Commercial Lending Team can guide you through the complexities of commercial lending while anticipating the challenges and applying practical solutions to your specific needs throughout every phase of the process.

Our clients include commercial banks, institutional lenders, specialty finance companies, hedge funds, insurance companies and other lenders, along with corporate and noncorporate borrowers in a variety of industries. We utilize a team approach, working with members of our Financial Services Practice, including our Banking and Finance Group and our Structured Finance and Securitization Team, to provide you with comprehensive representation that addresses all of your legal needs.

A Broad Range of Experience

Commercial financing options are as varied as the businesses that rely upon them. Our team has the knowledge and experience necessary to handle the procedures and documentation unique to each individual loan transaction. Our lawyers have extensive experience in all aspects of commercial finance transactions and provide a variety of related services, including structuring of loan transactions, compliance with loan and security requirements, intercreditor arrangements, priority issues, regulatory compliance, environmental concerns, preparation of loan agreements, preparation and registration of requisite security documentation and perfection of security interests. Our experience includes both domestic and cross-border transactions, including debt obligations denominated in various currencies.

Representative Transactions

We have handled a broad array of transaction types, including:

• asset-based and working capital financings
• leveraged acquisition, management buyout and “going private” financings
• equipment financing and leasing, including aircraft, railroad rolling stock, locomotives and ship financings
• accounts receivable and inventory financing
• cross-border financing
• healthcare financing
• commercial mortgage-backed securities
• letters of credit, repurchase and banker’s acceptance facilities
• public power, water and sewer, education and infrastructure financings
• general obligation bond issuances by government entities
• asset securitization transactions
• factoring transactions
• loan restructurings and workouts, including debtor-in-possession financings
• government contractor financings
• senior secured loans and junior secured loans
• promissory notes

In addition, our experience extends to related financing matters, including:

• derivatives and complex interest rate structures
• intercreditor and subordination agreements relating to mezzanine loans and subordinated debt
• stand-still agreements and forbearance agreements
• loan participations and syndications
• borrower’s opinions
• commercial lending forms review and analysis
• enforcement and collection proceedings and other matters involving creditors’ rights and bankruptcy
• fraudulent transfers

Borrower Services

In addition to representing corporate borrowers in a variety of industries, our Commercial Lending Team represents noncorporate borrowers such as cities, towns, agencies, joint action agencies, obligated groups, rural electric cooperatives, museums, hospitals, universities and other charitable entities such as 501(c)(3) organizations.

Asset Classes

Our team has extensive experience assisting clients in financing asset classes ranging from trade receivables, operating leases, dealer floor plan loans, mortgage loans, retail installment sales contracts, government contracts and timeshare receivables to inventory, equipment and machinery, aircraft, railroad rolling stock, locomotives, barges, ships, shipping containers, partnership development rights and trademarks and other intellectual property.